Clarification on visiting U.S. during process

[Wingnutfish 18]

Hi all,

My non-U.S. citizen spouse and I are hoping to move to the U.S. in August of this year. I am a U.S. citizen and have lived in Taiwan for the last three years as a tourist (legally!), but will be granted residency next month. I have not yet filed the I-130, but plan to do so ASAP.

My spouse is planning to visit the U.S. for a few days in June to attend a workshop. She already has a B-1/B-2 visa, as well as eligibility for visa-free entry (recently granted to people with Taiwan passports). I will be remaining in Taiwan, and not accompanying her at that time.

I understand that it is allowed for the I-130 beneficiary to visit while the petition is pending, provided she is prepared to show proof that she is not yet moving to the U.S. However, I don't know at what stage our application will be at this point. Is there ANY point in the process of obtaining a CR-1 visa where she would encounter any additional problems entering the U.S. or a brief visit (e.g. at any point in the NVC/interview process)?

Additionally, if by good fortune she already has her CR-1 visa by the time of her visit, are there any complications that could arise in relation to her arriving and receiving LPR status while I'm still in Taiwan, her returning to Taiwan a few days later, and us only two months later finally actually moving to the U.S. together?

Thanks so much!

[speedwell 224]

She has a visa and can legally visit, so that's the biggest hurdle cleared.

No, there's no reason she can't visit. She should be prepared to show ties to the home country (her job gives her a letter approving leave for a specific time, she shows a lease or evidence of an owned home in the home country, she has dependent family members, etc.) and show her notice of acceptance of the I-130 as evidence she is in the process and trying to do things properly. She must have a confirmed, paid for, return ticket. She must say she is visiting and not "living" with you (some people make that mistake). She must actually return within the time stamped in her passport.

Her entry is entirely up to the officer at the port of entry. Being turned away at that point will not harm your pending visa case.

She can't receive LPR status with you staying out of the country. You must precede her to the US.

[N-o-l-a 7,167]

It shouldn't be a huge problem her entering the US if she shows ties to the home country and proof of filing the I-130.

You as the petitioner agree to re-establish domicile in America before or at the same time that the immigrant arrives. You can not re-establish domicile after she arrives.

Edited February 19, 2013 by Nola123

[Wingnutfish 18]

Thanks for the answers!

So if she already has the CR-1 and arrives in the U.S. to visit while I'm still in Taiwan, what happens? Assuming they let her in, do they just stamp her with a tourist stay even though her visa is CR-1?

[speedwell 224]

Thanks for the answers!

So if she already has the CR-1 and arrives in the U.S. to visit while I'm still in Taiwan, what happens? Assuming they let her in, do they just stamp her with a tourist stay even though her visa is CR-1?

Sometimes that works, yes. But she could be refused entry, also. It depends on the official at the port of entry. Can you travel with her, even if you travel back the next day?

Edited February 19, 2013 by speedwell

[Wingnutfish 18]

It would be difficult for me to go with her, because of money issues. And wouldn't going for just a day would be pretty questionable for establishing domicile?

I suppose if it looked like we were going to end up in that situation, we could intentionally drag our feet a little on the NVC or interview process, so she wouldn't be getting the new visa until after she returned from the trip. Does that sound like it would be less risky?

[speedwell 224]

It would be difficult for me to go with her, because of money issues. And wouldn't going for just a day would be pretty questionable for establishing domicile?

I suppose if it looked like we were going to end up in that situation, we could intentionally drag our feet a little on the NVC or interview process, so she wouldn't be getting the new visa until after she returned from the trip. Does that sound like it would be less risky?

Yes, if you're in a position to do it that way, it is the best solution. Go ahead and file the I-130; you have no way of knowing how long exactly that will take. Months. Once it's been approved, you have several months to file the rest of the visa paperwork if you want to wait.

[Wingnutfish 18]

Okay, thanks for the advice. I'll get the I-130 going and then do that if necessary.

[Ms Hogan 295]

I think it is also highly unlikely you'll have your process complete by then anyway. And as speedwell mentioned, you can always slow down the process at various points so that it buys a little extra time if you need it if you happen to be one of the faster cases.

[Wingnutfish 18]

Thanks for the input! I'm starting to feel a little better about this now....

[aaronjc 0]

I'm a USC and wife Korean citizen.

We filed for IR1/CR1 in June, interview at US embassy in Korea set on April 22nd.

I bought a plane ticket for my wife last week because I haven't seen my wife for 7 months and It drove me crazy.

She landed at Detroit airport an hour ago and passed the immigration inspection safely.

The officer asked her what she does in Korea, asked her the purpose for the visit and she said to see her husband.

The officer did not ask any more questions and he let her pass.

I hope everything works well for all my fellow spouses-applicants undergoing the similar agony. I hope our story helped some.

[Wingnutfish 18]

Thanks for you story, aaronjc! It's good to get real data on what might happen in these situations.

[Clemjam 8]

I'm going to visit my husband and his family in 3 weeks time whilst we are going through the IR 1 process and I ve prepared documentation to prove we re intending to return back to France (lease and work contracts) so hopefully we ll be allowed in!

[Ivy. 113]

I have been to see my husband twice already, and we have not yet started the process yet. They let me in every time after several questions. I never had to show any documents. I can only imagine things being easier with a NOA1/2 in hand.